Act XLVIII of 2008 on the Basic Conditions and Certain Limits of Commercial Advertising, Section 6, Prior Consent to Direct-Approach Advertising

Section 6, paragraph 1 of Act XLVIII of 2008 allows advertising to be communicated to a natural person as its recipient by direct approach, in particular by electronic mail or an equivalent individual means of communication, other than as paragraph 4 provides, only if the recipient has given prior, clear and express consent, unless a separate law provides otherwise. Section 6, paragraph 3 makes the consent withdrawable at any time, free of charge and without restriction or reasons.

Section 6, paragraph 4 allows an addressed advertising mailing to be sent to a natural person without the recipient's prior and express consent if the advertiser and the advertising service provider ensure that the recipient can prohibit it at any time, free of charge and without restriction.

Section 6, paragraph 9 defines an addressed advertising mailing as a postal item that contains only advertising or business-solicitation material and is posted at the same time to at least 500 recipients with identical content apart from the recipient's name, address and data that do not change the nature of the message.

Section 6, paragraph 5 requires the advertiser, the advertising service provider and the publisher of the advertisement to keep a register of the personal data of the persons who have consented, within the scope of the consent, and allows that data to be processed only as the consent states until it is withdrawn and to be passed to a third party only with the prior consent of the person concerned.

Section 6, paragraph 6 requires that both postal and electronic mail routes be available for withdrawing consent or prohibiting the sending of advertising, in a way that clearly identifies the person making the declaration. Section 6, paragraph 7 requires advertising communicated under paragraph 1 or 4 to carry clear and conspicuous information on the address and other contact where the recipient can withdraw consent or prohibit sending.

Section 6, paragraph 8 provides that a direct approach asking for the consent under paragraph 1 may not contain advertising, other than the name and designation of the undertaking. Paragraph 4 of section 6 is in the wording of section 19, paragraph 2 of Act CIII of 2013.

Section 24, paragraph 4 provides that the National Media and Infocommunications Authority acts, as the Ektv. provides, when section 6 is breached by advertising through an information society service or electronic communications, except a voice telephone call. Section 24, paragraph 5 provides that the proceedings under the Act do not prevent an injured party from asserting a civil law claim based on a breach of the Act directly before a court.